The trademark Befan was filed by Guangzhou Benyuan Information Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 23, 2022, and received one opposition filed on August 22, 2022 by Baufan Bauchemie Leipzig GmbH on Likelihood of confusion. the opponent was represented by REHBERG HÜPPE + PARTNER PATENTANWÄLTE PARTG MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 22, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 16, 2023.
The Opposition with reference B 003177399 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 28, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 2 with Food dyes and printing ink..
The mark was filed in class 4 with following description of goods:
Wood for use as fuel
Wicks for candles
Waxes [raw material]
Vegetable wax
Tapers
Tallow candles
Scented candles
Perfumed candles
Paraffin wax
Greases for the preservation of leather
Grease for machines
Candle torches
Candles for lighting
Special occasion candles
Candles containing insect repellent
All purpose lubricants
Base oils
Wax for making candles
Candles
Mineral oil for use in the manufacture of cosmetics and skin care products.
The mark was filed in class 8 with following description of goods:
Abrading instruments [hand instruments]
Cuticle nippers
Nail files
Nail files, electric
Fingernail polishers, electric or non-electric
Nail clippers, electric or non-electric
Files [tools]
Manicure sets
Manicure sets, electric
Emery boards
Tweezers
Graving tools [hand tools]
Tableware [knives, forks and spoons]
Pliers
Agricultural implements, hand-operated
Garden tools, hand-operated
Electric nail files
Nail buffers for use in manicure
Dies for use with hand operated tools
Disposable razors
Manicure implements.
The mark was filed in class 9 with following description of goods:
Calculating machines
Computer hardware
Biometric identification apparatus
Radios
Apparatus for transmission of communication
Headsets
Cameras
Power banks
Smartglasses
Eyeglasses
Eyewear
Spectacles
Sun glasses
Polarizing spectacles
Optical glasses
Glasses for sports
Web site development software
Computer software platforms
Customer relation management [CRM] software
Software development kit [SDK]
Middleware for management of software functions on electronic devices
Computer software
Computer software for mobile applications that enable interaction and interface between vehicles and mobile devices
Software for product development.
The mark was filed in class 11 with following description of goods:
Electric warmers to melt scented wax tarts
Lamps
Nail lamps
Ultraviolet ray lamps, not for medical purposes
Electric lamps
Electric lights for Christmas trees
String lights for festive decoration
Candle lanterns
Oil lamps
Electric rice cookers
Electric pressure cookers
Refrigerating cabinets
Laundry drying machines
Gas scrubbing apparatus
Air purifying apparatus and machines
Bath installations
Water flushing installations
Fumigation apparatus, not for medical purposes
Radiators, electric
Blankets, electric, not for medical purposes
Dehumidifiers
Electric candles
LED lighting fixtures
Electric room deodorizing units
Portable lamps [for illumination]
LED luminaires
Chandelier pendants
Diffusers being parts of lighting apparatus.
The mark was filed in class 21 with following description of goods:
Aromatic oil diffusers, other than reed diffusers, electric and non-electric
Plates for diffusing aromatic oil
Plug-in diffusers for mosquito repellents
Aromatic oil diffusers, other than reed diffusers
Essential oil burners
Empty spray bottles
Deodorizing apparatus for personal use
Utensils for household purposes
Kitchen containers
Cookery moulds
Kitchen utensils
Glass bulbs [receptacles]
Works of art of porcelain, ceramic, earthenware, terra-cotta or glass
Tea services [tableware]
Coffee services [tableware]
Sprinklers for watering flowers and plants
Bobeches
Candelabra [candlesticks]
Candlesticks
Candle drip rings
Candle jars [holders]
Perfume burners
Incense burners
Washing brushes
Nail brushes
Combs
Cosmetic utensils
Cosmetic brushes
Eyebrow brushes
Applicator sticks for applying make-up
Facial sponges for applying make-up
Foam toe separators for use in pedicures.
The mark was filed in class 35 with following description of goods:
Conducting virtual trade show exhibitions online
On-line advertising on a computer network
Online retail store services relating to cosmetic and beauty products
On-line advertising and marketing services
Wholesale services in relation to kitchen knives
Wholesale services in relation to cutlery
Wholesale services relating to jewelry
Wholesale services in relation to food cooking equipment
Wholesale services relating to furniture
Wholesale services in relation to cleaning articles
Wholesale services in relation to dietetic preparations
Wholesale services in relation to toiletries
Retail services in relation to furniture
Retail services relating to jewelry
Retail services in relation to tableware
Retail services in relation to toiletries
Presentation of goods on communications media, for retail purposes
Online advertisements
Advertising and advertisement services
Arranging commercial transactions, for others, via online shops
Wholesale services in relation to horticulture products
Wholesale services in relation to computer hardware
Business management consultancy
Business management assistance
Assistance, advisory services and consultancy with regard to business organization
Business project management services for construction projects
Advertising, marketing and promotion services.
The mark was filed in class 42 with following description of goods:
Design and development of computer hardware and software
Providing temporary use of non-downloadable interactive entertainment software
Installation and maintenance of computer software
Software design and development
Design and development of computer software for others
Providing online, non-downloadable software
Installation, maintenance and updating of database software
Design and development of computer software for reading, transmitting and organising data
Application service provider [ASP], namely, hosting computer software applications of others
Providing temporary use of non-downloadable business software
Providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs
Research and development of computer software
Homepage and webpage design
Providing temporary use of on-line non-downloadable software for the transmission of data
Consultation services relating to computer software
Software development
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users.